Filley v. Pope
Supreme Court of the United States
IN error to the circuit court of the united states for THE EASTERN DISTRICT OF MISSOURI. This action was brought by Thomas J. Pope and James E. Pope, citizens of New York, and partners under the name of Thomas J. Pope & Brother, against Oliver B. Filley, a citizen of Missouri.
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IN error to the circuit court of the united states for THE EASTERN DISTRICT OF MISSOURI. This action was brought by Thomas J. Pope and James E. Pope, citizens of New York, and partners under the name of Thomas J. Pope & Brother, against Oliver B. Filley, a citizen of Missouri. The petition alleged that on February 20, 1880, the defendant bargained for and bought of the plaintiffs and they sold to him 500 tons of number one Shott’s (Scotch) pig iron, at the price of $26 per ton, to be paid in cash by the defendant upon the delivery to him of the iron in bond at New Orleans; the iron to be…
1Opinion of the CourtJustice Gray
After stating the facts in the language reported above, he continued:
The contact between these parties belongs to the same class as -that sued on in the case, just decided, of Norrington v. Wright, ante, 188, and likewise falls within the rule that, in a mercantile contact, a statement descriptive of the subject- matter, or of some material incident, such as the time or place of shipment, is ordinarily to be regarded as a warranty, or condition precedent, upon the failure or nonperformance of which the party aggrieved may repudiate the whole contract. The provision in question in that casé…
2Cases cited3 opinions
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Manly v. United Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1812
- Murray v. Columbian InsuranceNew York Supreme Court · 1809
3Cited by62 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Harrison v. FortlageSupreme Court of the United States · 1896
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
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